Subchapter VII · Trial Procedure

Article 42. Oaths

2024 Manual for Courts-Martial, United States

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(a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Secretary concerned. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty.
(b) Each witness before a court-martial shall be examined on oath.
Cross-referencesCited by 4
Cited by

Provisions elsewhere in the Manual whose text cites Article 42. Each link opens the citing provision.

Rules for Courts-Martial
R.C.M. 502(d)(1)(B)(ii) — Qualifications and duties of personnel of courts-martial (42(a))
takes an oath in accordance with Article 42(a), certifies to the court that the person has read and is familiar with the applicable rules of procedure,…
Article 42(a) provides that regulations of the Secretary concerned shall prescribe: the form of the oath; the time and…
R.C.M. 1001(c)(1) — Presentencing procedure (42(b))
…who makes an unsworn statement under R.C.M. 1001(c)(5) is not considered a witness for the purposes of Article 42(b). If the crime victim exercises the right to be reasonably heard, the crime victim shall be called by the…
Uniform Code of Military Justice
Art. 44(c)(2)(A) — Former jeopardy
after the members, having taken an oath as members under section 842 of this title (article 42)and after completion of challenges under section 841 of this title (article 41), are impaneled; and